You have all heard about Johnny Depp suing Amber Heard for $50 million in defamation, and Amber Heard counter suing Johnny Depp for $100 million in defamation. Depp sued Heard, his ex-wife, for $50 million over an article she wrote in The Washington Post News Paper in 2018, in which she described herself as a ‘public figure representing domestic abuse’. This along with various other comments she made, Depp claims, tarnished his image and caused him to lose out on roles such as the Pirates of the Caribbean and Fantastic Beats movie franchises.
Depp claimed this cost him multiple acting roles and ruined his image, causing him to lose out on potential future work. There were multiple claims of domestic violence in the relationship with Depp and Heard alleging assault and abuse, and both negating each other’s claims.
The matter was heard in Virginia, you may think why is it being heard in Virginia when both live in California? Well, that is because that is where the claim was filed. After filing a claim in the United Kingdom, Depp filed in Fairfax Virginia where he eventually won. The laws in Virginia were more relaxed in regard to Strategic Lawsuits Against Public Participation and this is why Depp’s team utilised the jurisdiction.
After a few weeks of trial, and arguments from both sides, the Jury were in favor on Depps side. They had to look to the damage caused on both sides, and the result of the damage on each side’s image and perception in the public.
The jury awarded Depp $10 million in compensatory damages and $5 million in punitive damages from Heard. The punitive damages, however, were reduced to $350,000 due to a limit imposed by Virginia state law. Heard was awarded $2 million in compensatory damages from Depp but with no punitive damages.
Defamation in Australia
Defamation is a common-law tort governed by Uniform Defamation Laws. Under the Uniform Defamation Laws, a publication will be defamatory if it is published material and has consequences of:
- Exposing the person to ridicule or abuse; or
- It lowers the person’s reputation in the community or
- It causes people to shun or avoid the person; or
- It injures the person’s professional reputation.
Defamatory material will be considered to have been published or portrayed when it is communicated to someone other than the person whose image has been defamed. It may be through communication, written or oral, or through conduct such as Facebook.
The law in NSW is governed by the Defamation Act 2005. The award of damages can vary from state and territory, but to succeed there are varying degrees of evidence the court must see to be satisfied that the actions of the wrongdoer have caused detriment to the plaintiff.
What if this was heard in Australia and what the case brings to our courts?
Our laws are stringent and have not had a great history of awarding large amounts of damages. In the case of Wagner & O
rs v Harbour Radio Pty Ltd & Ors [2018] QSC 201 the Court awarded each plaintiff, four in total, $850,000.00. This has been one of the largest payouts in Australia’s history, with the Court awarding $3.4 million in damages.
If the Depp and Heard case were to be dealt with in Australia, there would have been similar reasoning of the Courts, they would have had to look to the arguments of both sides, the alleged material, and the damage caused to each side’s reputation and the future consequences of the damage. So we believe that the Courts would have had similar reasoning.
The case allows us to see that defamation is not ok and that people can be held responsible for actions. If you go and defame someone based on lies and deceit, this will result in you potentially being sued and having to pay damages. There are defences to defamation, but the risk outweighs the benefit of defaming someone.
RN LEGAL has assisted many clients with Defamation concerns. RN LEGAL has the experience, expertise, and resources to help you with such matters. Contact RN LEGAL on (02) 9191 9293 or [email protected] if you, or someone you know, requires advice or assistance in relation to any aspect of Defamation.